Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-03-01
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become Q part of
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
eral Land ONCE.
An application will be rejected when the
scription Of the premises 10 erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
~second-The notice was not published In 9
new paper designated ~ published nearest the
claim.
Third-Record title was found defective.
and
Fourth--A previous application had been
made Tor the same premises, which was with
drawn pending u suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions OF 3 claim, application for
patent may be made by either for tn ct portion
Of the claim owned by him; but where ~so-oral
parties own undivided interests In . mining
claim all should join in an application for a
patent.
A person or association may purchase as
many placer locations as the local law admits.
and embrace them all In one application for 8
patent.
Two or more lodes cannot be embraced in
one application for Q patent except for placer
claims embracing two or more Ioaes within
their boundaries
Papers sworn to before any person purport-
ing to set as q deputy for the Register and Re-
ceiver cannot be recorded a. evidences.
In all patents for mining claims situated
within the interior boundaries Of 9 town site
. clause 10 In erted excepting aud excluding
all town property, rights upon the surface.
and all houses. buildings. structures. lots,
blocks, streets, alleys or other municipal i'm
provements not belonging TO the grantee here
| In. and all rights necessary or proper to the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made q only
one newspaper for the period Of 80 days.
| Notice must be published 10 consecutive
weeks In weekly newspapers. and In daily
newspapers 60 days must elspse between the
fret and last insertions.
| Where the Register desfgnAtes the daily issue
Of 9 newspaper fer publication of notices of o
mining application for patent ii is not 9 COM
pliance with law 10 change to the weekly edi-
tion OF the same paper without authority Of
| the Register.
The existence OF O salt spring on . tract OF
land withdrsws II from the operation of the
homestead and presumption laws. A hearing
for the purpose Of proving the agriculture 81
| character Of such land is not allowed. Land
4 &Aeso 1Vkt6Ae8 Va m8I Ot
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file 9 separate and
distinct claim against each application which
It is alleged conflicts with the remises owned
| by such adverse claimant.
| The papers In an adverse claim, once hled
cannot be withdrawn but becomes q part of the
| record.
When an adverse claim has been nled II can.
not be amended SO as 10 embrace 4 larger per.
| ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
| proper form and hled in the proper local OH &C
during the period OF publication OF the appli.
cation for the patent to be effective.
| II is the duty OF the adverse claimant Q
suit in proper form within the re-
Quired time, and II he trusts the uncertain
medium Of the United States mail he must
abide the consequences, should the delay
ensue, through misfortune or accident Should
the failure to commence suit be the res alt OF
the corrupt or dishonest act. on Of his attorney
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de.
tail the facts upon which he bases his adverse
claim. A statement In general terms, ernbody.
ing conclusions Of law, without stating the
facts specially, will not he considered IN eyi-
| dence.
An adverse claimant should show 9 compIi.
ance with the local laws In recording his clsim
1 kuu IN regard TO expenditures. hlu hQ&il ME b
copy Of the original notice of his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to a suit that they
compose the company 10 sufficient. and they
are not required to prove that they are the
original locAtors or the identical parties who
present the adverse claim.
AGRICULTURAL on MINERAL LANDS,
Where land Is Of little. II any value, for agrl.
cultural purposes. but 10 essential to the
proper development OF mining claims, II
should be disposed OF under the Mining Act.
Where lands containing valuable mineral
deposits have been included In an agricultural
entry, said entry will be Cancelled At any time
prior to issuance Of patent. upon satisfactory
evidence OF the existence of such valuable de.
posits.
Where valuable deposits Of mineral are dis.
covered upon = tract sitter the same ias been
entered as agricultural, but before ! aent has
been issued, the parties claiming the mine
may make application for patent for same.
and the agricultural entry will be cancelled h.
that portion Of the land embraced by said
mining claim.
agricultural lands after the patent has been
issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make q mining location
dispose OF 1t. provided he becomes . citizen
before dfspostng OF the mine. Proof that the
party was not . citizen before disposln g of his
claim must be afirmativeiy shown.
Locstors and intermediate owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of q mining claim sold 10 an
Alien cannot be patented while such owner Is
an alien; but on his declarations o become a
citizen his right dates back TO hia purchase.
aud he may thereupon secure United States
patent for his claim.
CROSS LxDGKs,
Revised Statutes. Section 1855,
Where two or more lodges cross or intersect
each other. priority Of title shall govern. and
such prior location shall be entitled 10 ali ore
or mineral contained within the space OF inter.
section. but the subsequent location shall have
tha right OF way through the apace OF inter
section Tor the purpose Of the convenient
working OF the mine. And where two or more
veins unite the Oldest or prior location shall
take the vein below the point Of union. In.
Guiding all the space Of intersection.
TUNNELS.